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(영문) 부산지방법원 2016.10.27 2016고단4577

업무방해등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of one year and six months from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant committed the following crimes in a state that the Defendant lacks the ability to discern things or make decisions due to stimulative disorder, etc.:

1. On July 3, 2016, at around 03:20 on July 3, 2016, the Defendant expressed to the victim E (the 26-year-old) who is an employee of the Do hotel in Busan-gu, Busan-do, that “I have heard information that I have this fact,” and expressed to the victim E (the 26-year-old-year-old-year-old-year-old-year-old-year-year-old-year-old-year-old-year-year-old-year-old-year-old-year-year-old-year-old-year-old-year-year-old-year-old-year-old-year-old-year-old-year-old-year-old-year-old-year-old-year-old-year-old-si, “I have taken a face to the victim,” and “I have taken off from the victim, I have continued entering the computer face, and interfered

2. The Defendant expressed that he would return home from a slope H belonging to the Busan Police Station G District Unit of the Busan Police Station G District, which received a report of 112 on the said temporary border, and obstructed the legitimate execution of police officers’ duties on the maintenance of order by assaulting her hand, such as her flap kn kn kack knb knb by hand, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of E and H;

1. Application of Acts and subordinate statutes of each investigation report (No. 5,6,7)

1. Relevant Article 314(1) of the Criminal Act, Article 136(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing of Article 62-2 of the Probation Criminal Act are set forth in Category 1 (Interference with Business) (Scope of Recommendation). The mitigation area (Interference with Business) is set forth in Category 1 (Interference with Business).